HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.25503 OF 2022

ORDER:

Heard Sri P.Ugender Reddy, learned counsel appearing on behalf of the petitioner and learned Assistant Government Pleader for School Education appearing on behalf of the respondents.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a Writ Order or orders more in the nature of Writ of Mandamus declare the impugned action of procrastination of the respondents under the guise of correspondence to consider the petitioners claim for counting of ex-serviceman service (defense service) for pension calculation at the time of retirement in spite of specific instructions given by the Union of India in its Office Memorandum No.28/20/2004-P&P(B) dt.11/06/2020 is illegal, arbitrary, unfair, unjust and violation of Articles 14 of the Constitution of India and consequently declare that as the petitioner has been appointed on 19/10/2009 (between the period 01/04/2004 and 28/10/2009) for this reason his ex- servicemen service is entitled to count for pension calculation at the time of his retirement in terms of the above Office Memorandum dt.11/06/2020 with all consequential benefits and to pass…”

3. The case of the petitioner in brief as per the averments made in the affidavit filed by the petitioner in support of the present Writ Petition is as under:-

It is specific case of the petitioner that the action of procrastination of the respondents under the guise of correspondence to consider the petitioners claim for counting of ex-serviceman service (defense service) for pension calculation at the time of petitioner’s retirement in spite of specific instructions given by the Union of India in its Office Memorandum No.28/20/2004-P&P(B) dt.11/06/2020 is illegal, arbitrary, unfair, unjust and violation of Articles 14 of the Constitution of India and as the petitioner had been appointed on 19/10/2009 (between the period 01/04/2004 and 28/10/2009) for this reason his ex-servicemen service is entitled to be counted for pension calculation at the time of his retirement in terms of the above Office Memorandum dt.11/06/2020 with all consequential benefits. Aggrieved by the same, the present Writ Petition is filed.

4. PERUSED THE RECORD.

A. The Lr.No.867/ SET/ I V-1/ 2020, dated 22.09.2021 addressed by the Director, School Education, Telangana State, Hyderabad/ Respondent No.2 to the Secretary to Government, School Education Department, Telangana Secretariat, Hyderabad / Respondent No.1 is extracted hereunder:-

I am to submit that, the District Educational Officer, Sangareddy District vide reference cited has stated that the HM, ZPHS, Kothlapur(M), Sanga Reddy (M), Sangareddy District has submitted that Sri Pujari Padmanabham worked in Defence Service as armed forces NK (Arty-Surveyor) w.e.f. 21.03.1987. He has taken voluntary retirement on 01.03.2003. Later, he was selected in DSC-2008 under Ex-servicemen quota as LP Hindi and joined in ZPHS Korpole on 19.10.2009 in CPS (NPS) Govt of Service or State Service is eligible for previous service for pension calculation at the time of retirement.

Further I submit that the Government vide G.O.Ms.No.95, dated 03.04.2012 have issued following orders. The operative portion of the orders are as follows:

“6. Accordingly to Sub-Rule 15 under FR.19 Re-employed pensioners who are in receipt of superannuation or retiring pensions, and are re-employed temporarily for specific periods should not be given the benefit of revised scales of pay. Their pay and pension should not together exceed the pay last drawn by them while in service. This rule will not however, apply to persons, who retired on compensation or invalid pension before they attained the age of 58 years as unfit for service in a particular post of department and Ex-Military Personnel who are subsequently re-employed on permanent footing on a different post or department….”

In view of the above, I request the Government to issue further necessary orders in the matte